By LAMECH JOHNSON
Tribune Staff Reporter
ljohnson@tribunemedia.net
CHIEF Justice Sir Michael Barnett cautioned the government on the ‘dictatorial impression’ it created in announcing a plan to have 10 criminal courts run simultaneously in 2014.
Speaking at yesterday’s Legal Year opening ceremony and commending the initiative he’d previously suggested, Sir Michael reminded the executive that the deployment of judicial resources “exclusively” rests with himself and the judiciary.
He gave the government the benefit of the doubt that it was not intending to give the general impression it was dictating to the courts.
However he urged the government to be mindful of its language in making its announcements.
“The executive branch of Government has indicated that facilities will be provided that will enable up to 10 courts to preside over criminal matters at any one time,” the Chief Justice said.
“This is laudable and
welcomed, having regard to what I have already mentioned about matters being scheduled into 2015 and 2016. The actual deployment of judicial resources is of course a matter exclusively within the province of the Chief Justice and the judiciary,” he added.
“I urge members of the executive that in their language they must not appear to be dictating to the courts how they ought to be run.”
Last summer, Prime Minister Perry Christie said the government will look to initiate measures to increase the number of criminal trials being heard at any one time.
In October, during a press conference following the sentencing of Kofhe Goodman, Attorney General Allyson Maynard-Gibson said this would happen as soon as “January next year.”
“We expect the result of that will be that, routinely, serious matters will be brought onto trial within the constitutionally mandated reasonable period of time,” she said.
“And we expect that it will be 12 months. We hope that it will be 12 months but for sure it will be no longer than 18 months.”
The AG said the aim was not just to reduce the backlog of cases to be heard, but also to send a message to would-be criminals as part of the effort to reduce crime itself.
Yesterday, the Chief Justice said of the government’s initiative: “Whilst I am satisfied that this is not their intent, it is imperative that they do not undermine public confidence in the judiciary by language and statements that leave this impression.
“The fight to protect the community from the scourge of crime is a collective effort.
“We must work together! The police, the Crown, the defence counsel, the public, as well as the courts.”
Sir Michael said that any increase in the number of criminal courts would require more persons to serve as jurors and potential jurors would find that judges will be less inclined to excuse them from jury duty as judges have done in the past.
Yesterday, during her contribution to the Legal Year ceremony, Allyson Maynard-Gibson said: “The judiciary has leave to accept government’s proposal that up to 10 criminal courts should run concurrently.
“People have asked whether 10 courts will make a difference. Ten courts by themselves will not make a difference.
“Ten courts together with new strategies will make a difference. They will enable serious matters to be routinely brought on for trial within a year for a person being charged, which will dramatically reduce the numbers charged for serious offences being released on bail.”
The AG said March 3 is the date when “the temporary courts are expected to commence operation.”
Comments
bnewbold 10 years, 3 months ago
The PM is all talk no action
TheMadHatter 10 years, 3 months ago
If the AG keeps her word (and she certainly should) she will make AVAILABLE 10 courts with a staff of stenographers and constables and any other government (non judicial) staff needed to make them operable.
Lights, security, chairs, a bench, and judge's seat, a jury box, a jury room, etc. etc. etc. The PM and AG will rise and shine highly in the view of the Bahamian people as champions against crime if they do this. It CAN be done. It is certainly practical and doable by March 3rd. There is no reason it cannot be done by that time if sufficient monies are outlaid for it.
The courts will be made READY. They should be fully staffed, with staff showing up to work every day beginning March 3d - doors open - ready for "business".
However, Sir Michael is certainly correct that providing judges and assigning cases to them is FULLY in his purview. It will be HIS CHOICE whether or not to let them sit unused.
When all the staff are sitting around playing games on their smart phones waiting for the accused persons and judges to show up - the people will wonder why. ZNS can show up every day and video the inside of these empty courts for the people to see.
TheMadHatter
CFerguson 10 years, 3 months ago
Whether the government has made a ‘dictatorial impression’ or not - again is not the problem. Let's keep our eye on what NEEDS to be address and give credit where credit is due! This country NEEDs to rid of the back log of cases; more courts in theory is the answer. However, in reality, our laws need updating. How many times should a person be given bail for a criminal offense? I think 3 is sufficient. How many time should a lawyer be able to excuse himself or his client for no-show? I think once is sufficient. How many times should a case be "put off". I don't think it should ever be put off unless the lawyer/client is excercising his ONE time excuse!
The reason for our backed-up court system is not a lack of resources, although more is generally better. The reason for the back log is that the system is abused and there are no real guidelines as to how many excuses can be given for cases. The lawyers abuse it, they make more money. The criminals abuse it, they get more 'free time'. Throwing money at a problem is not always the answer!
banker 10 years, 3 months ago
What is the big wooden paddle for?
John 10 years, 3 months ago
more like who...
bismark 10 years, 3 months ago
banker I assume that paddle needs to be used to wail some ass in high places so they can get on with the job of dealing with these criminals and making us safe,every year they come with the same speech,get up of ya backsides in your black dresses and that silly wig and deal with these cases!excuses ,excuses,i guess the public is to blame for the backlog of cases.
John 10 years, 3 months ago
A COMMON EXPRESSION ENTICES US TO " LEAD BY EXAMPLE" But one of the major problems we have in this country today is the way persons in authority conduct themselves in public and the respect or disrespect and even contempt they show for each other. We see it in the House of Assembly and the Senate, when and where one member opposes what is being proposed or said by another member. Rather than oppose the measure on its merits or demerits, the opposing member launches an all out attack on the member and within an instance or less, it becomes a nasty, personal, verbal fight that is many times carried live to the Bahamas and to the world. Not only by radio these days but in live and true, living color. And sometimes the language does get colorful. Nothing is left off the table, and in many instances, more is said than what should have been said. Now we see this behavior spilling over into other aspects of government, where the Prime Minister is distancing himself from the Commissioner of Police, the Minister of National Security is embracing him, and now the Chief Justice is having his words about comments made by the Prime Minister and others and so on and so forth.. Is anything being left to be said behind closed doors anymore? or is anything not being said in front of an open microphone? Is everyone cracking up, in public, under pressure? Why not offer suggestions sometimes rather than criticism> An olive branch rather than a cold stiff upper body? Not only are the three branches of government, legislative, judicial and executive, suppose to work in tandem (but independent) with each other, but each is supposed to be a watchdog of the next. Rather than get in the public and point fingers and to grand stand and challenge the powers that each other have or perceive to have, all branches of government must al leastat least appear united on the front to battle crime and put fort every legal and psycho-social tool in their powers to clean up the dirt crime is causing and the harm it is doing to this country. No but it is easier to grandstand and to fight with each other in public and appear to be weak and divided. The world and those who you have to govern are continuing to watch. Lead by example.
.Leadership is lifting a person’s vision to high sights, the raising of a person’s performance to a higher standard, the building of a personality beyond its normal limitations. —Peter Drucker
.The best executive is the one who has sense enough to pick good men to do what he wants done, and self-restraint enough to keep from meddling with them while they do it. —Theodore Roosevelt
.Men make history and not the other way around. In periods where there is no leadership, society stands still. Progress occurs when courageous, skillful leaders seize the opportunity to change things for the better. —Harry S. Truman
banker 10 years, 3 months ago
I was on a flight to Canada and as I passed the first class cabin, who should be sitting in first class in all of his corpulent glory, but the Chief Justice. I nodded my head and said "Good Morning Chief Justice" and continued my way to the cattle section of the airplane.
A stewardess followed me down to my seat and asked me if she heard the words "Chief Justice" correctly. I told her that she had indeed. She asked "What country". I told her it was the Bahamas. She said "Really?" and left. That woman made me ashamed of our chief justice. He looked more like a Humpty Dumpty cartoon. I would imagine that I would be even more embarrassed by Perry Christie and Fred Mitchell.
John 10 years, 3 months ago
And I hope your ticket to Canada was a one way. LOL
Cobalt 10 years, 3 months ago
@banker. Lmao!
Cobalt 10 years, 3 months ago
If I were a criminal; the mere sight of these clowns walking the streets with boat paddles would only serve to encourage me. I'm beginning to think maybe I'm in the wrong line of work.
SP 10 years, 3 months ago
CHIEF Justice Sir Michael Barnett is a former FNM candidate and wants nothing more than total failure of the PLP.
The PLP are between a rock and a hard place with Barnett as CJ. He will continue to do all in his power to impede any success of the PLP. Why Christie cannot see this is beyond thinking individuals comprehension.
Let's watch as CJ Barnett continues to frustrate every attempt Christie makes at resolving crime and other national issues.
Solution?.......Get rid of the PLP & FNM.
SP 10 years, 3 months ago
CHIEF Justice Sir Michael Barnett is another FNM Jelly Belly brown nosier that did not have the balls to open his mouth while Hubert Ingraham openly confessed he was a "One Man Band" dictatorial ruler.
SHUT UP MRS. BARNETT!
CommonSense 10 years, 3 months ago
Waste of damn time. These clowns have time to march up and down the street when there are countless cases waiting to be brought up. Smft to hell with them
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